-
Dec 23, 2024 | 
jdsupra.com | Dawn Mertineit
On December 4, 2024, the Federal Trade Commission (“FTC”) ordered building services contractor Guardian Industries, Inc. (“Guardian”) to cease enforcement of no-hire provisions it included in customer service agreements with residential building owners and building management companies, prohibiting the hire of Guardian’s employees.
-
Nov 15, 2024 | 
mondaq.com | Dawn Mertineit
As we previously reported, the Federal Trade Commission
("FTC") announced that it is amending and reorganizing
the document requirements for pre-merger notifications under the
Hart Scott Rodino Act ("HSR Act"), 15 U.S.C. 18a, which
also includes a requirement for buyers to indicate the existence of
non-compete and non-solicit agreements among the businesses
involved.
-
Nov 13, 2024 | 
jdsupra.com | Dawn Mertineit
As we previously reported, the Federal Trade Commission (“FTC”) announced that it is amending and reorganizing the document requirements for pre-merger notifications under the Hart Scott Rodino Act (“HSR Act”), 15 U.S.C. 18a, which also includes a requirement for buyers to indicate the existence of non-compete and non-solicit agreements among the businesses involved.
-
Sep 25, 2024 | 
jdsupra.com | Jesse Coleman |Dawn Mertineit
Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the FTC’s rule banning the vast majority of non-competes (the “Rule”).
-
Aug 22, 2024 | 
mondaq.com | Katherine Perrelli |Michael Wexler |Robert Milligan |Dawn Mertineit
Once again surprising the country by acting ten days before her
own self-appointed deadline, a federal judge in the United States
District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan
v.
-
Aug 21, 2024 | 
jdsupra.com | Jesse Coleman |Dawn Mertineit |Robert Milligan
This just in: Judge Ada Brown ruled yesterday on the parties’ dueling summary judgment motions – 10 days before her self-imposed deadline to do so – in Ryan LLC v. FTC. Judge Brown granted the plaintiffs’ motion for summary judgment while denying the FTC’s motion, determining that the FTC’s rule banning non-competes is an unlawful agency action and must be set aside.
-
Aug 14, 2024 | 
mondaq.com | Dawn Mertineit
The ongoing battle between DraftKings Inc. and its former
executive, Michael Hermalyn, remains contentious, with the District of Massachusetts' decision to
enforce Hermalyn's non-compete now appealed and argued to the
First Circuit.
DraftKings, a Boston-based online sports and gaming platform,
employed Hermalyn as a Senior Vice President. He resigned in
February 2024, consummating negotiations with DraftKings'
direct competitor, Fanatics, to take up a near-identical role
there.
-
Aug 13, 2024 | 
jdsupra.com | Cathryn Johns |Dawn Mertineit
The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First Circuit. BackgroundDraftKings, a Boston-based online sports and gaming platform, employed Hermalyn as a Senior Vice President. He resigned in February 2024, consummating negotiations with DraftKings’ direct competitor, Fanatics, to take up a near-identical role there.
-
Jun 3, 2024 | 
mondaq.com | Robert Milligan |Dawn Mertineit
We are thrilled to announce the release of the Chambers Trade
Secrets 2024 Global Practice Guide, a comprehensive resource
providing the latest insights and legal updates in the field of
trade secrets law. Authored by leading experts in the industry,
including Seyfarth Shaw LLP's very own Robert Milligan and Dawn
Mertineit, this guide is an invaluable tool for professionals
navigating the complex landscape of trade secrets, computer fraud,
and non-compete agreements.
-
May 16, 2024 | 
mondaq.com | Dawn Mertineit
Dawn Mertineit, partner in Seyfarth's Trade Secrets,
Non-Competes & Data Privacy practice, authored an article
titled, "The FTC's non-compete ban: What to know and how
to respond" on International Employment Lawyer.
Another notable limitation is contained in the final rule's
definition of a non-compete. Non-competes do not include clauses
that only prohibit a worker from accepting work or operating a
business outside the United States.
